BILL NUMBER: AB 1502	CHAPTERED  10/10/99

	CHAPTER   917
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE ASSEMBLY   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Washington

                        FEBRUARY 26, 1999

   An act to add Section 16404.5 to the Government Code, and to amend
Section 830.2 of the Penal Code, relating to corrections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1502, Washington.   Confidential funds:  peace officers.
   (1) Existing law authorizes a state agency to withdraw from moneys
appropriated for the support of that agency a total amount not to
exceed $2,000 per fiscal year for confidential purposes, without at
the time furnishing vouchers and itemized statements.
   This bill would authorize the Department of Corrections to
similarly withdraw an amount not to exceed $10,000 per fiscal year
for confidential purposes.  This bill would also require the
Department of Corrections to account for these moneys at the end of
the fiscal year to the Controller who would be empowered to make any
necessary audit.  The bill would require the Department of
Corrections to include a certificate describing the purpose and
necessity for secrecy.
   (2) Existing law provides that any member of the Law Enforcement
Liaison Unit of the Department of Corrections, is a peace officer,
provided that the primary duty of the peace officer shall be the
investigation or apprehension of parolees, parole violators, or
escapees from state institutions, the transportation of those
persons, and the coordination of those activities with other criminal
justice agencies.
   This bill would revise this provision to confer peace officer
status on any member of the Law Enforcement and Investigations Unit
of the Department of Corrections, provided that the primary duties of
these peace officers include among the duties specified above, the
investigation or apprehension of parolees, parole violators, or
specified escapees, the execution of search warrants or subpoenas,
and the making of arrests.  The bill also would include among these
duties the coordination of these activities with any member of the
Office of Internal Affairs of the Department of Corrections, as
specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 16404.5 is added to the Government Code, to
read:
   16404.5.  Notwithstanding Section 16404, the Department of
Corrections may withdraw funds for confidential use in an amount not
to exceed ten thousand dollars ($10,000) per fiscal year.  The sums
so withdrawn may be used as a revolving fund where cash advances are
necessary.  At the close of each fiscal year, the department shall
account for and substantiate to the Controller the amount of moneys
so withdrawn during that fiscal year with vouchers and itemized
statements, exclusive of names and locations, along with a
certificate of the purpose and necessity for secrecy.  The Controller
is authorized to perform audits of these vouchers and itemized
statements as may be necessary.
  SEC. 2.  Section 830.2 of the Penal Code is amended to read:
   830.2.  The following persons are peace officers whose authority
extends to any place in the state:
   (a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
   (b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
   (c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
   (d) (1) Any member of the Law Enforcement and Investigations Unit
of the Department of Corrections, provided that the primary duties of
the peace officer shall be the investigation or apprehension of
parolees, parole violators, or escapees from state institutions, the
transportation of those persons, and the coordination of those
activities with other criminal justice  agencies.
   (2) Any member of the Office of Internal Affairs of the Department
of Corrections, provided that the primary duties shall be criminal
investigations of Department of Corrections personnel and the
coordination of those activities with other criminal justice
agencies.  For purposes of this subdivision the member of the Office
of Internal Affairs shall possess certification from the Commission
on Peace  Officer Standards and Training for investigators, or have
completed training pursuant to Section 6126.1 of the Penal Code.
   (e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
   (f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
   (g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
   (h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
   (i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
